Labor Relations Fundamentals for Community College Districts

A wildcat strike is a labor action not officially sanctioned by the union. Typically, the union disassociates itself from a wildcat strike, usually to avoid sanctions. Such strikes are almost invariably illegal.

E. U NION R ESPONSIBILITIES

1. U NION ’ S D UTY OF F AIR R EPRESENTATION One of the major obligations that labor unions must satisfy is the duty of fair representation. This duty extends to all bargaining unit employees, whether or not they are union members. The duty of fair representation imposes on the exclusive representative the responsibility of representing the interests of all employees “fairly, impartially and in good faith.” It also assures employees that they have the right to be free from unfair or invidious treatment by the union. The union violates this duty when its conduct toward a member is arbitrary, discriminatory or in bad faith. 85 2. P ROHIBITED C ONDUCT AND U NPROTECTED A CTIVITY Under EERA, it is unlawful for an employee organization to threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or to otherwise interfere with, restrain, or coerce employees because of their exercise of representation and organizational rights. 86 Prohibited conduct includes that which prevents or limits an employee’s participation in organizational activities, 87 requires involuntary participation, 88 or interferes with the employee’s right to self-representation. 89 In regard to concerted activity, employees and unions have the right to engage in legal strikes under limited circumstances. However, illegal strikes are considered unprotected activity. An illegal strike is one which (a) causes a total breakdown of education and a total breakdown of negotiations free from coercive tactics that hold education hostage, 90 (b) creates a substantial and imminent threat to the health and safety of the public, 91 or (c) constitutes an unfair labor practice. 92

Other work stoppages, such as slowdowns, work-to-rule actions and “partial” strikes are unprotected if they result in a failure to perform normally required and assigned duties. 93

M ANAGEMENT R IGHTS D OCTRINE

S ECTION 3

A. T HE F IRST L INE S UPERVISOR ’ S R OLE The first-line supervisor has a major responsibility in ensuring both the implementation and protection of management rights, as well as carrying out those obligations imposed on management by the labor relationship. Supervisors are involved in the day-to-day application of

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 20